A Short History of
Dr. Harold G. FoxK.C./Q.C. M.A. LL.B. B.C.L. Ph.D.

Harold G. Fox

Harold Fox was in the course of his distinguished life a lawyer, academic, businessman and author. His memory
today lives on in the many legal publications which bear his name, in the hearts of those who knew him, and
through the fine work of the Harold Fox Education Fund.

Harold was born in 1896 and was called to the Bar of Ontario in 1919, taking silk in 1937 as King’s Counsel.
At his death in 1970 he was known throughout Canada and the United Kingdom as a leading authority on all
matters of Intellectual Property. Harold’s legal career in Intellectual Property began with his collaboration
with Fred B. Fetherstonhaugh. Mr. Fetherstonhaugh was the senior partner of Fetherstonhaugh & Co. a leader in
the field of Intellectual Property in Canada in the 1920s. Fred Fetherstonhaugh was famed for selecting bright
competent lawyers to work for him. Most notably Fetherstonhaugh was a mentor to one Russell Smart who
ultimately bought out Fetherstonhaugh & Co. and founded what is today Smart & Biggar. So whilst Russell Smart
ran the Ottawa Office Harold Fox was brought in to be the competent arm in Toronto. Harold become a partner in
1923, and created the firm of Fetherstonhaugh & Fox.

Harold was considered an excellent choice as a scholarly lawyer who was equally adept at management. Harold’s
rise to the forefront of his chosen field began with the publication in 1926 of ‘The Law and Practice of
Letters Patent of Invention in Canada,’ a work of joint authorship with Fetherstonhaugh. By 1937 books were
published in Harold’s sole name, and he began the process of establishing the definitive library of
Intellectual Property Law through his books on Trademarks, Patents, Copyright and his series of Digests
and Law Reports.

Harold’s career saw him obtain the degrees of Ph.D, Lit.D, LL.D, LL.B and MA. and he taught at Osgoode Hall in
the field of Intellectual Property. He became a Fellow of the Patent Institute in 1931 and its’ President in
1938, but it was his court work which truly made his career and his financial success enabled the Fox Fund to
be created.

Harold Fox’s reputation was assured following his successful litigation on behalf of the Lightning Fastener
Company in the landmark case of Lightning Fastener v Colonial Fastener [1932] Ex.C.R. 89 [1933] S.C.R. 363
[1934] 51 R.P.C. 349 [1936] Ex. C.R. 1 [1937] S.C.R. 36. The case concerned the ‘Zipper’ patents of Dr.
Sundback and went through the Canadian Courts to the Privy Council on both validity & infringement and
then damages. The Company were however so pressed for funds in the economic climate of the 1930s that they
paid Harold in shares and ultimately invited him to become the managing director. Harold managed the company
throughout the Second World War a time which saw the company’s profitability significantly increase. By 1949
however, Harold was bored in his role and used a significant proportion of his time to write books. So when
his old adversary in the ‘Fastener’ cases, Senator Hayden McCarthy, offered him a position of Counsel to
McCarthy & McCarthy he accepted with pleasure.

The years between 1949 and 1969 saw Harold’s practice grow significantly and he was Counsel on many of the
notable IP cases of the day. However, when in the late 1960s McCarthy & McCarthy restructured and moved to
the Toronto Dominion Centre, Harold broke away from McCarthy’s with a small group of lawyers to form what is
today known as Sim, Hughes, Ashton & McKay.

Harold Fox was a good deal more interesting though than a simple lawyer. His crossing of the Atlantic to
appear in the Privy Council gave him a life long love of England, and his home in St. Catherine’s, which
he called Foxcroft, was heavily influenced by that love. In his later years he would spend the Canadian
winter on the Isle of Wight, and kept a close association with the Honourable Society of the Middle Temple
where he was made an Honorary Bencher. His association with the City of London in the post war years led
to him becoming a ‘Freeman of the City’ on October 18th 1956, and a member of the ‘Worshipful Company of
Stationer’s and Newspaper Makers,’ on October 7th 1958. An apt Company to join given its long association
with the control of Copyright.

Harold’s last years were plagued with ill health. His eye sight grew worse and his neck was so stiff he
was unable to turn it. Yet none of these ailments reduced his zest for life, though some who saw him drive
his enormous Cadillac at considerable speed between St. Catherine’s and Toronto wished it would.

When Harold died in 1969 he left his wife of many years but no children. Following the death of his wife in
1984, much of his estate was donated to the Fox Fund, an organization which has helped many young lawyers
in the last 20 years, and is responsible for the wonderful annual exchange of lawyers between England &
Canada, to which this author is forever indebted. It is hoped this brief account might give those lawyers
who partake in the Fox Fund's activities in the future some idea of the man who made it all possible, and
ensure his memory lives on.

This article was written by James Tumbridge, Barrister of the Honourable Societies of Lincoln’s Inn &
The Middle Temple, February 2004.

The author would like to acknowledge the great help and assistance of Roger Hughes QC, whose personal
memories of Harold Fox made the research of this article such a pleasure.